NYC Lawyers Argue For Large-Size Soda Ban In Appeals Court

NEW YORK CITY -- Lawyers from Mayor Michael Bloomberg's administration appeared before an appellate court on June 11 to ask panel of judges to overturn a lower court ruling that shot down his proposed ban on large-size sugary drinks three months ago.

The terms of the proposed ban remain the same. It would restrict restaurants, movie theaters, delis, stadiums, concession stands and food carts from selling sugar-sweetened beverages in containers larger than 16 fl. oz. | READ MORE

State Supreme Court Justice Milton Tingling had invalidated the ban on March 11, the day before the rule was to take effect, on the grounds that Bloomberg's administration had arbitrarily defined where the drinks could and could not be sold; the ban, for example, would not be imposed on convenience stores. He also challenged the measure's legality, since the city's health board passed it last September without legislative approval.

The city's lawyers filed their appeal on April 1. It could take months for the state Supreme Court's Appellate Division to issue a ruling. And with Bloomberg's term in office concluding at the end of the year, it's unclear whether his successor will continue his efforts to impose the ban.

The mayor is behind a number of other health initiatives, including banning smoking in city parks, requiring that calorie counts be posted at chain restaurants and prohibiting the use of trans fats. The city health department recently launched an ad campaign on city buses warning consumers that seemingly "healthy" beverages like sports drinks, sweetened teas and juices contain large amounts of sugar. | SEE STORY